84 results for 'cat:"Employment" AND cat:"Health Care"'.
J. Du denies the former mail processing clerk's motion for judgment on the pleadings. The Equal Employment Opportunity Commission ruled against the clerk after she complained of working conditions when diagnosed with diabetic neuropathy, finding she was not similarly situated to co-workers with resting accommodations because they worked part-time. Her manager changed her duties to allow her to sit down or use a rest bar periodically throughout the day after the USPS received a letter from the employee's physician. The USPS has not yet filed an answer to the complaint, and the pleadings have not closed; therefore, the motion is premature. The USPS's motion for dismissal of the employee's claims for race and disability discrimination is granted with leave to amend.
Court: USDC Nevada, Judge: Du , Filed On: May 15, 2024, Case #: 2:23cv397, NOS: Other Civil Rights - Civil Rights, Categories: employment, health Care, employment Discrimination
J. Harrison finds the circuit court properly granted a preliminary injunction in favor of the radiation oncologist. The oncologist, shareholder and member of the oncology group's board of directors proposed his son be brought into the practice after he graduated from medical school, which was approved by the board. Though minutes of a meeting show the oncologist saying his son would be his replacement, the oncologist denies having ever said this. The board moved to terminate the oncologist on grounds that family members could not work together. The injunction requiring the group to maintain the oncologist's status as an employee and shareholder during the pendency of the ensuing case was properly granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CV-22-486, Categories: employment, health Care, Injunction
J. Coleman finds the court of appeals erroneously determined the employee could not bring wrongful termination claims after she was fired for reporting patient abuse at the long-term care facility. While the public policy exception in Mississippi law gives an exception for unlawful "acts of an employer," the language also necessarily covers the acts of a co-worker, like the one who abused the patient in this case; therefore, the jury verdict in favor of the employee will be reinstated. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: May 9, 2024, Case #: 2022-CT-188, Categories: health Care, employment Retaliation
J. O'Scannlain denies a petition for rehearing and amends an opinion denying a hospital’s petition for review, granting the National Labor Relations Board’s cross-application for enforcement, and enforcing the Board’s order finding that the hospital engaged in an unfair labor practice under the National Labor Relations Act by ceasing union dues checkoff after the expiration of a collective bargaining agreement.
Court: 9th Circuit, Judge: O'Scannlain, Filed On: May 6, 2024, Case #: 22-1804, Categories: employment, health Care
J. Myren finds that the circuit court properly affirmed the decision of The Sully County Board of Commissioners to deny a claim for reimbursement under county poor-relief statutes for emergency medical treatment provided to an individual. The individual is a Mexican national who worked on a seasonal visa for a few months per year in Sully County. While working in Sully County in 2014, the individual suffered appendicitis and required emergency medical services. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: May 1, 2024, Case #: 2024SD25, Categories: employment, health Care
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J. Chambers grants in part the in-home respiratory care provider’s motion for summary judgment in the former Huntington branch manager's retaliatory discharge suit. While there are disputed issues of material facts on her two claims of retaliatory discharge in violation of the West Virginia Patient Safety Act, the company, despite lying to state and federal regulators why they fired her, did not terminate her employment "in an atrocious, intolerable, or extreme way."
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: April 26, 2024, Case #: 3:22cv109, NOS: Employment - Civil Rights, Categories: health Care, employment Retaliation
J. Gorton allows a corporation’s motion to dismiss a former employee's claims of violation of his right to due process and equal protection, as well as his civil rights. The corporation allowed employees to be unvaccinated, but required unvaccinated employees to test themselves weekly for Covid-19, and they fired the employee when he refused to follow the testing requirement.
Court: USDC Massachusetts, Judge: Gorton, Filed On: April 25, 2024, Case #: 1:23cv12206, NOS: Civil Rights - Habeas Corpus, Categories: employment, health Care, Covid-19
J. Morrison grants the health care provider's motion to dismiss, ruling the orthopedic surgeons fail to establish anti-trust standing. There are at least four other hospitals or employment opportunities in the same area as the health care provider, while the surgeons also established their own surgical facility after they left their positions with the provider, all of which proves the provider does not have a monopoly on the relevant area.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 25, 2024, Case #: 2:23cv2145, NOS: Antitrust - Other Suits, Categories: Antitrust, employment, health Care
J. Murphy finds the circuit court properly upheld the denial of the firefighter's claim for duty disability retirement based on substantial evidence. The firefighter sought treatment and therapy for PTSD, and was placed on medical leave before pursuing retirement benefits. A doctor reported the available information did not support total and permanent disability. The firefighter provides no convincing support for his claim the board of trustees disregarded facts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-22-650, Categories: employment, health Care, Workers' Compensation
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: Civil Procedure, employment, health Care
J. Ryan finds the lower court properly granted the employer's motion for summary judgment. Although the nursing manager made comments about potential safety issues shortly before her termination, none of the issues implicate a specific public policy that would allow her to prevail on her wrongful termination claim, while her abrasive and bully-like behavior toward subordinates gave the employer a legitimate reason to fire her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1471, Categories: employment, health Care, employment Retaliation
J. Clifton reverses in part and affirms in part a district court judgment in a putative class action under ERISA. The class alleged that UnitedHealthcare applied a "more stringent review process" to benefits claims for outpatient, out-of-network mental health and substance use disorder treatment than to otherwise comparable medical and surgical treatments. The class adequately stated a claim for a violation of the Parity Act and dismissal on that claim and the breach of fiduciary duty claim are reversed. However, the lower court correctly dismissed claims based on a violation of the terms of the employment plan. Affirmed in part.
Court: 9th Circuit, Judge: Clifton, Filed On: April 11, 2024, Case #: 22-55761, Categories: employment, Erisa, health Care
J. Biggs grants a university health system’s motion for summary judgment following allegations of multiple civil rights violations brought by a radiation oncology resident. The resident, a Black woman, entered residency with the system despite misgivings on the part of some staff based on her previous academic performance, but it accepted her anyway. Throughout her residency, she required unprecedented support and consistently scored low in testing ranges, requiring an extension of her residency, which required more scrutiny by staff than other residents. However, she fails to produce sufficient evidence to her claims.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 27, 2024, Case #: 1:20cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, health Care, employment Discrimination
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, health Care, employment Retaliation
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: employment, Evidence, health Care
J. Agee finds the lower court improperly denied the health system's motion to set aside the jury’s award of punitive damages to an employee who claimed to be terminated for being a white man. The employee's boss fired him despite never receiving criticism and performing exceptionally in his role, receiving strong performance reviews, and gaining national recognition for himself and the marketing program he developed. The boss then promoted a white and Black woman to fill his job duties. Despite there being sufficient evidence for a reasonable jury to determine that his race, sex, or both motivated the health system's decision to fire him, he did not show that the employer perceived a risk of unlawfulness in its discriminatory conduct. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: March 12, 2024, Case #: 22-2142, Categories: employment, health Care, employment Discrimination
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: health Care, employment Retaliation, Labor
J. Wood finds that the lower court improperly found for the employer in a suit accusing the hospital of violating an employee's rights under the Family and Medical Leave Act. The employer granted the employee an approved absence for 20% of full-time work, but insisted she still complete 100% of the workload, and fired her when she did not meet those expectations. A reasonable jury could find that the Act requires the employer to adjust its performance expectations to reflect the employee's reduced hours while she was on FMLA leave. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: February 28, 2024, Case #: 23-1541, Categories: Civil Rights, health Care, employment Retaliation
J. Maldonado partially grants a university board’s motion to dismiss employment discrimination claims brought by an employee of the university’s health care and hospital system. The employee, a middle-aged Black woman, claimed she faced race and age-related discrimination at work, was unfairly targeted by her superiors for criticism, and faced retaliatory discipline for formally complaining about this treatment to the Equal Employment Opportunity Commission. The court finds the employee has not sufficiently alleged her state law claim under the Illinois Gender Violence Act, or her adverse action claim. The rest of her claims against her employer stand.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: February 27, 2024, Case #: 1:23cv1410, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination, employment Retaliation
J. Wyrick partially grants the defendant company's dismissal motion in this case stemming from the company's implementation of a Covid-19 vaccine mandate. The pro se plaintiff, who claims that he was terminated from his employment after objecting to the requirement, alleges religious discrimination against the company. However, his Title VII claim is dismissed with prejudice, and his state law claims are remanded to state court.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 26, 2024, Case #: 5:23cv497, NOS: Employment - Civil Rights, Categories: health Care, employment Discrimination
J. Hinderaker grants an employment screening service's motion for summary judgment concerning Fair Credit Reporting Act violations brought by a former nurse, who's licensed was revoked by department of health and human services. The screening service sufficiently showed in court that the FCRA allows it report that the former employee is excluded from gaining employment in the federal healthcare arena.
Court: USDC Arizona, Judge: Hinderaker, Filed On: February 22, 2024, Case #: 4:22cv206, NOS: Consumer Credit - Other Suits, Categories: employment, health Care, Experts
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: health Care, employment Discrimination, employment Retaliation
J. Harrison finds the county court properly dismissed the OB/Gyn's petition to modify an arbitration award. The doctor was terminated from her employment with the hospital, and the arbitrator awarded her almost $100,000 for 120 days' compensation, less a $25,000, unearned sign-on bonus. The doctor says the award was made under an alternative contract provision not cited in the parties’ statements of claim, and that the arbitrator improperly made the award on an unsubmitted claim. Though the hospital did not prove the doctor’s conduct violated a provision for termination with cause, it had the contractual authority to dismiss her upon payment of the 120 days’ compensation. Nothing in the record indicates the arbitrator exceeded his jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-22-449, Categories: Arbitration, employment, health Care